M I N U T E S Clark County District Board of Health Meeting 625 Shadow Lane Las Vegas, Nevada 89106 Clemens Room - 8:00 A.M. Thursday, April 25, 1996 The regularly scheduled meeting of the District Board of Health was called to order at 8:00 A.M. by Chairman Ferraro and the Pledge of Allegiance was held. Chairman Ferraro noted that he had been provided with Affidavit of Posting of Agenda and the public notice, as required by Nevada's Open Meeting Law. The Affidavit will be incorporated into the Official Minutes. Present: Robert Ferraro Chairman, Councilman, Boulder City Donalene Ravitch, RN Appointee, Boulder City Amanda Cyphers Councilman, Henderson Erin Kenny Commissioner, Clark County Mary Kincaid Councilman, North Las Vegas Gary Reese Councilman, Las Vegas Bruce Woodbury Commissioner, Clark County William Robinson Councilman, North Las Vegas Absent: Kirk Cammack, MD Physician Member At Large Sherry Colquitt, RN Appointee, Las Vegas Executive Secretary: Otto Ravenholt, MD, MPH Legal Counsel: Ian Ross, Esquire Staff: Clare Schmutz; David Rowles; Mike Naylor; Fran Courtney, RN.; Roy Soffe; Karl Munninger; Ed Wojcik; Vic Skaar; Lonnie Empey; Roy Soffe; Curt Taipale; David Lee; Felix Havis; Mary Hahn; Daniel Maxson (and daughter); Mary Ellen Harrell; Alice Costello; Diane Lewis; Jeanne Palmer; Angie Negrete and Recording Secretaries Diana Lindquist and Montana Garcia Board of Health Minutes Page 2 of 9 April 25, 1996 PUBLIC ATTENDANCE: NAME REPRESENTING: Arturo Melkessetian Nevada Division of Agriculture Tom Porter Nevada Division of Env. Protection Corey-Lynn Kern Nevada Division of Env. Protection Frank Rumers Subway Keith Brazeau In-n-Out Burger Craig Dusenberry In-n-Out Burger Chuck Jenner Clark County Richard Bunker Nevada Resort Association Clayton Ramberg Lucky Stores Lori Wohletz City of Las Vegas Nathaniel Morrell Clark County School District Jerry Micheal Las Vegas Hilton Bill Taraschi ARCO Barbara Orcutt NRA & Mt. Charleston Resort Marsha Sunderland City of North Las Vegas Sharon Harter HKM III / Burger King Tom Pike Glencoe Management / Burger King Daniel Flores Jack In The Box Jesse Vargas Jack In The Box Lisa Wright Jack In The Box Michael Kissel Carl's Jr. Restaurants Stacy L. Marler Del Taco Inc. Van Heffner NV Hotel & Motel Assoc. & NV Restaurant Assoc. Alfredo Alonso Lionel Sawyer & Collins - ARCO Helen Foley Western Ethanol Michael Alonso Vargas & Bartlett/Western States Petroleum Assoc. Troy Sandoval Las Vegas Hilton Jerry Horn Chevron Deweyn Dook Taco Bell Robert Fabel Self Mike Alber Self PRESENTATION: Chairman Ferraro on behalf of the Board and Staff presented a certificate of appreciation to Dr. Luther Creed for the time and effort contributed toward the control and elimination of Tuberculosis in Clark County, Nevada. I. CONSENT AGENDA: These are matters considered to be routine by the District Board of Health and which may be enacted by one motion. Any item, however, may be discussed separately per Board Member request. Member Robinson moved to approve the Consent Agenda. Motion was seconded by Member Cyphers and carried unanimously approving the following Consent Agenda: 1. Minutes/Board of Health Meeting - 03/28/96 Board of Health Minutes Page 3 of 9 April 25, 1996 2. Payroll/Overtime for Periods of 03/09/96 - 03/22/96 & 03/23/96 - 04/05/96 3. Claims Register - #685, 03/22/96 - 04/04/96 & #686, 04/05/96 - 04/18/96 II. PUBLIC HEARING/POSSIBLE ACTION (Approximately 8 A.M.) 1. Variance Request To Connect a proposed Guest House to an Existing Individual Sewage Disposal System (ISDS) Serving an Existing Residence on Property Served by a Community Water Supply. Petitioner: Robert M. Fabel Chairman Ferraro opened the public hearing. Clare Schmutz stated that Mr. Robert Fabel, owner, is requesting a Variance to connect a proposed guest house to an existing individual sewage disposal system (ISDS) that is serving an existing residence on a lot served by a community water supply. The lot is 23,675 square feet in size and is located 4875 Tioga Way, Las Vegas, Nevada. Legal description: S 2 SW 1/4, S34, T19S, R60E, Clark County, Nevada. The District board of Health Regulations Governing Individual Sewage Disposal Systems and Liquid Waste Management, Section X.4., prohibits more than one (1) single family swelling or one (1) single building to be served by a single individual sewage disposal system. Mr. Fabel is requesting this Variance to accommodate living quarters for his mother-in-law who is ill with cancer and her nurse. There will be no kitchen facilities in the guest house. The existing residence has 27 plumbing fixture units; the guest house will have 8 plumbing fixture units for a total of 35. A 1,500 gallon septic tank and 1,200 square feet of absorption area are required which is the size of the existing ISDS. The City of Las Vegas maintains a public sewer line at the corner of Lone Mountain Road and Monte Cristo Way, approximately 1,500 feet east of the subject property. A building permit has been issued to construct the guest house with a stipulation that no framing inspection will be made until a septic permit is received or approval by the Health District is granted. Staff has reviewed this Variance request and has determined that the granting of this Variance will not create a public health hazard. Staff recommends approval with the following conditions: a. The residence and guest house will be connected to public sewer when a public sewer line comes within four hundred (400) feet of the property and the ISDS abandoned. b. Kitchen facilities will never be installed in the guest house. c. The guest house will not at anytime become a rental unit. Chairman Ferraro asked Mr. Fabel if he understood and agreed with the conditions recommended by Staff. Mr. Fabel stated that he totally understood and agreed with the conditions recommended by Staff. After reiterating that the guest house not become a rental unit, Chairman Ferraro closed the public hearing. Board of Health Minutes Page 4 of 9 April 25, 1996 Member Reese moved for approval of the Variance with all of the conditions recommended by Staff. Finding that there are circumstances or conditions which are unique to the applicant that do not generally affect other persons subject to the regulations. Also, there are circumstances which make compliance with the regulations unduly burdensome; and would cause a hardship to and abridge a substantial property right of the applicant. Granting the Variance is necessary to render substantial justice to the applicant and enable him to preserve and enjoy his property right; and will not be detrimental or pose a danger to public health and safety. Motion was seconded by Member Kenny and carried unanimously. 2. Memorandum #08-96- Public Hearing To Consider Amendments to Clark County Health District Regulations Governing the Sanitation of Food Establishments Clare Schmutz explained that on January 25, 1996 the Board approved holding a Public Hearing on April 25, 1996, for comments on proposed amendments to the Health District regulations governing the sanitation of food establishments. Public notices have been published in local newspapers for several workshops that were held together with the Nevada Restaurant Association and the Nevada Resort Association. All recommendations and suggestions received from the workshops to the proposed amendments were considered and incorporated into the amendments as determined by Staff. Proposed major amendments are parallel to those of the State and in some cases exceed the State regulations. Mary Hahn remarked that the amendments include more stringent requirements in the preparation and serving of ready-to-eat food to eliminate bare hand contact with the food by requiring use of gloves or other means (convenient and suitable utensils and/or waxed paper, napkins, or equivalent barriers) to present bare hand contact. The wording is similar to that in the new state of New York Code as well as the U.S. Food and Drug Administration 1993 Food code. The amendments also include lowering the temperature of cold food storage from 45 degrees to 40 degrees in line with the Nevada State Health Regulations and the U. S. Food and Drug Administration. Chairman Ferraro opened the public hearing. Van Heffner, representing the Nevada Hotel & Motel Association & Nevada Restaurant Association briefly discussed information on Listeria and stated that they were comfortable with the amendments as proposed by Staff. Richard Bunker, representing the Nevada Resort Association expressed appreciation for the workshops held in each jurisdiction and for the public hearing process. Barbara Orcutt, representing the Nevada Resort Association and the Mt. Charleston Resort expressed appreciation for Staff being made available to answer questions and supported the proposed changes to the regulations. Lisa Wright, representing Jack In The Box commended the Board for adding the mandatory temperature requirement for ground beef. However, expressed concern that several of their restaurants had not received nor were aware of the proposed amendments to the regulations and requested that the Board postpone the public hearing until they had the opportunity to further review the proposed changes. Board of Health Minutes Page 5 of 9 April 25, 1996 At this time the Board and Staff discussed the notification process. Deweyn Dook, representing Taco Bell remarked that they had no notification of the proposed changes and asked that the Board postpone the hearing. Mark Kissel, representing Carl Jr. Restaurants, also stated they were unaware of the hearings on the proposed regulations until approximately 2 weeks ago. He expressed concern about the clarity of the regulations and asked that the hearing be postponed. Tom Pike of Burger King expressed concern about the use of wearing gloves as they are bound to have tears and bacteria growth on them. Stacy Marler representing Del Taco echoed the concerns of the use of gloves, especially with the possibility of melting from handling heating elements, and stated they were in favor of postponing the hearing until they had time to further review the proposed amendments.